Florida District Courts of Appeal, 1987

Aeroserv International, Inc. v. BEJ Enterprises, Inc.

Aeroserv International, Inc. v. BEJ Enterprises, Inc.
Florida District Courts of Appeal · Decided January 20, 1987 · Baskin, Ferguson, Pearson
501 So. 2d 106; 12 Fla. L. Weekly 302; 1987 Fla. App. LEXIS 11913 (Southern Reporter, Second Series)

Aeroserv International, Inc. v. BEJ Enterprises, Inc.

Opinion of the Court

PER CURIAM.

The petition for writ of certiorari is granted in part. The order granting the respondents’ Motion to Compel Arthur Young & Company to Appear at Deposition Duces Tecum, to which the instant petition for certiorari is directed, is modified so as to limit the production required to only those records that pertain to the jet engines and related material, the ownership of which is at issue in this case.

DANIEL S. PEARSON and FERGUSON, JJ., concur.

Dissenting Opinion

BASKIN, Judge

(dissenting).

Because, in my view, petitioners waived the accountant-client privilege in regard to some, and therefore all, communications on the subject, I decline to limit production of the requested records. See Weil v. Investment/Indicators, Research & Management, Inc., 647 F.2d 18 (9th Cir. 1981); Smith v. Alyeska Pipeline Serv. Co., 538 F.Supp. 977 (D.Del. 1982), aff'd, 758 F.2d 668 (Fed.Cir. 1984), cert. denied, 471 U.S. 1066, 105 S.Ct. 2142, 85 L.Ed.2d 499 (1985); § 90.507, Fla.Stat. (1985).

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